Judge dismisses lawsuit against clerk of court

By Michael D. Abernethy / Times-News

Published: Wednesday, July 17, 2013 at 05:25 PM.

When he removed Richmond-McCaster as the administrator of the estate, Barber wrote that Richmond-McCaster “told this office she would not pay funeral expenses for Willie McCaster.” Administrators are required by law to pay funeral expenses, Barber wrote in the order.

He also said she told the office on Feb. 20 that she didn’t want her son to inherit any money because "she doubts his wisdom to spend it wisely.” He found that she had a private interest in the administration of the estate.

Richmond-McCaster denied those claims, saying she never refused to pay funeral expenses. She said the clerk’s office directed her to an attorney in a “good old boys” network to oversee her case and receive payment. She later fired that attorney and represented herself.

GRAHAM — Saying her complaint wasn’t based in law or fact, a judge dismissed a Burlington woman’s lawsuit against Alamance County Clerk of Superior Court David Barber.

Falecia Richmond-McCaster brought the suit in May after Barber removed her from her deceased husband’s estate proceedings. She’d requested a jury trial to award damages and that the court issue an injunction against Barber and appoint a monitor to oversee the Clerk of Superior Court’s office.

Richmond-McCaster was named administrator of Willie L. McCaster’s estate in May 2012. On April 19, Barber removed her from the estate finding that “Ms. McCaster has a private interest in this estate and is not able to administer it fairly.” Barber assigned attorney Geoffrey Oertel as administrator of the estate.

Richmond-McCaster filed a complaint in Alamance County Superior Court on May 10, asking for awards for damages “to punish defendants for outrageous conduct pursued out of actual malice that recklessly and callously disregarded and was deliberately indifferent to plaintiffs’ constitutional rights.” In the complaint, she claims she suffered “constitutional deprivations; past and future economic loss, emotional trauma, loss of privacy and loss of reputation.”

She filed a motion for summary judgment and default after attorneys with the N.C. Attorney General’s Office, representing Barber, didn’t respond to the complaint within 30 days. On July 1, N.C. Assistant Attorney General Kathryn Shields filed a motion to dismiss the case and notified the court she would be in court for a July 8 hearing.

Bushfan, of Durham County, found that Richmond-McCaster wasn’t entitled to summary judgment and dismissed her case with prejudice. The judge also found that her complaint wasn’t “based in law or fact,” was barred by sovereign and judicial immunity and that the court lacked jurisdiction to hear the matter. Richmond-McCaster “otherwise failed to state a claim upon which relief can be granted,” Bushfan wrote.

When he removed Richmond-McCaster as the administrator of the estate, Barber wrote that Richmond-McCaster “told this office she would not pay funeral expenses for Willie McCaster.” Administrators are required by law to pay funeral expenses, Barber wrote in the order.

He also said she told the office on Feb. 20 that she didn’t want her son to inherit any money because "she doubts his wisdom to spend it wisely.” He found that she had a private interest in the administration of the estate.

Richmond-McCaster denied those claims, saying she never refused to pay funeral expenses. She said the clerk’s office directed her to an attorney in a “good old boys” network to oversee her case and receive payment. She later fired that attorney and represented herself.